| Description | Memorandum, signed P. Downes, concerning the state of a dispute between P. Downes and Sir George Warren caused by Downes's failure to secure Warren's title to a share of Pointon Moor which Downes agreed to sell him 2 May 1783 for £300 and conveyed 12 February 1785. Three of Downes's tenants have refused to relinquish their claim to common in the moor, and Sir George claims repayment of his money with interest. Downes acknowledges this claim but raises in answer a question of Sir George's legal position with regard to inclosures of land and roads to make his park at Poynton, especially the matter of land of Downe's at Worth which were enclosed unknown to Downes, and the blocking of a road by the new chapel from the Turnpike Rd. by Pickfords to the Moor
Transcript;-
Sometime in April 1783 Sir George Warren and I treated abouth the Sale of my Share of Pointon Moor, and on the 2d. of May following I agreed to sell it him on certain Conditions, as will appear by a deed since executed by us, and on that day he paid me the Purchase Money 300£, and I gave him my Bond, as I recollect for said Money, on Condition that he should receive Interest for the same till I could make him a Title, and give him Possession; which I engaged to do as soon as possible, but that not being to be done without the Consent of my Tenants, which I had not the least doubt of obtaining, as I was told few, if any of them received any Benefit therefrom, I got a deed drawn up immediately, and sent it round for them to execute, purporting that they should relinquish all their right & property in the moor, & that they where ready to sign a & property in the moor, & that they where ready to sign a proper deed for that Purpose when called on, and that deed was soon executed by all of my Tenants, except three, Viz. George Priestman who rents £25 per annum, Peter Goddard £28 per.ann., & George Taylor 13/5 per. ann., a reconed Rent, which three, after many repeated Tryalls to persuade & induce them to agree, obstinately refused, which I informed Sir George of, and he seemed to make light of their Refusal and ordered his agent Mr Bower to get the Conveyance ready, which he & I and all my Tenants except the three above mentioned executed the 12th of February 1785, and I promised to use all legal Means to induce the said three dissentients to execute as soon as possible, but which I have not been able to get them to comply with yet; or do I see Any Prospect of their Compliance during the Terms in their Leases; thus stands the Matter at present Septem'r 1787.
Now it is proper to observe that in a very short Time after Sir George paid me for my share of the Moor, I am informed he took Possession, and began to drain, Trench & enclose as he thought proper, and particulary to shutt up, and take into his own Lands, a Lane of considerable extent, going from the Turnpike Road by Mathew Pickfords to the Moor, which has continued inclosed ever Since, and that he mett with no opposition therein, especially from any of my Tenants, and I do not find, on the Strictest Enquiry, that he has suffered any material lett or Interruption even from my three obstinate Tenants since, tho' I have heard that they have bluster'd, & threatened, what they woud do, & probably may have turnd some Catle on the Moor, but I believe very few, and I am of opinion, that notwithstanding their Threatenings, Sir George has and will meet with very little opposition, or Interruption to his Proceedings from them, nay I have been informed that one of them has declared that tho' he is under an Engagement with the other two that he woud not sign the deed, he will never interrupt Sir George in Anything He chuses to do; Wherefore as it is not in my Power to make Sir George a perfect Title at present, for the Reasons above mention, If he has not Patience to wait till I can, I acknowledge & believe, I am in strictness of Law, bound to repay him Money he has advanced with Interest, & I am willing to do so, but at the same time I think in Justice, a proper Consideration shoud be made me, for the use of the Common, & particularly for the great and undoubted Benefit which Sir George has received by inclosing the Lane above mentioned before the Conveyance was made and which I doubt not on a fair valuation will at least be an Equivalent for the Interest, and Expence Sir George has been at, if not, I am willing to pay the difference and lett the Bargain be void.
If Sir George is resolved to use every advantage the Law may give him lett him do it, I mun defend myself as well as I can, but I flatter myself that any Gentleman will not judge such Proceedings proper or necessary, especially when it is known how often, and in how many Instances, I have behaved like a Gentleman and good Neighbourh to him, a few of which permet me to mention that cannot be denied. ----
I have overlook'd or permitted him, to turn Roads, to inclose and take into his Park, and Feilds, great slices of many Roads, to order Trees and Hedges of mine to be cutt down for his Convenience, and Pleasure and Whitewash any Houses or Buildings of mine he chose all which I coud have prevented or legally punished him from doing, and lastley I have taken no advantage of his persuading one of my tenants to lett him inclose a good Piece of Land of mine in his Park, which must have saved him considerable Expence in going very much round with his Pailing, and added to the Prospect of his Park, and which I realy knew Nothing of, and Phas might not have knew it to this day, if I had not found it out by chance when I was shooting in Worth, and when I discovered it, I only desired that a proper survey with proper Meer Stones & an account of the Trees on the ground might be granted me, all which has been reteatedly promised, but which is not performed yet. I might add more, but imagine I have said enough to prove that I have all ways behaved like a Gentleman, & good Neighbour, to Sir George, and in Regard to the Present affair between us it may not be improper to add, that I have heard that Sir George has mett with some opposition to the inclosing the Moor, from some of his own Tenants, & if that appears to be the Case tho' I have Nothing do with them, nor being obliged to make them Comply it is unjust and unreasonable that Sir George should be out of Temper & lay all the blame on me, because he cannot have Everything as he wishes ---
P: Downes.
To conclude I wish the Matter to be finally settle one way or other, viz. And If Sir George chuse, to take the Common as the Matter now stands, with an asurance from me that I will make him a full Title as soon as it is in my power, I shall be satisfied, or if he chuses rather be off the Purchase, I will repay him his Money with Interest, and also the charge of the Conveyance, but at the same time I think it but Justice that Sir George should pay me for the Advantage he & his tenants have rec'd, for 3 or 4 years in the use of the Common, & inclosing the Lane, and that the Common and Lane be thrown open again and lastly I must observe that Sir George has not fulfilled the Bargain on his Part, because he is bound to make a very good Road from the Turnpike near the new Chapell by T.......over the Common to the great Road leading to Bramhall &c., which he has not don and therfore the Road inclosed must be thrown open again unless that is done. Lastly I suppose Sir George had no Right, and ought not to have began to inclose, drain, fence, or take possession of the Moor or Lane, before the Title was made good to him, and there fore that he has gone all those Matters in his own Wrong, and cannot justly charge them to me, but only demand Interest for the Money he has advanced, if I cannot make him a Title, and I apprehend my Bond to him will explain that Matter but I have no copy of it, nor do I perfectly remember the Contents, but only fancy it is to that Purpose.
English
Mark: None. Octo'r.1st 1787/Memo'm. regarding/Pointon Moer &c. |